Within one (1) year after the filing of the complaint, as required by the preceding section, a summons must be issued, which shall contain the matters required by ‘ 407 of the Code of Civil Procedure [see 2008 Comment], and in addition a description of the property and a statement of the object of the action. In said summons the said unknown defendants shall be designated as in the complaint. Within thirty (30) days after the issuance of the summons, the plaintiff shall post or cause to be posted a copy thereof in a conspicuous place on the property. All defendants residing in Guam, whose place of residence is known to the plaintiff, shall be served personally. After service on all such defendants has been made, the plaintiff, or his agent, or attorney, shall make and file an affidavit wherein there shall be stated the names of the defendants who have been served personally; the names of the defendants who reside out of Guam, and their places of residence, if known to the plaintiff; and the names of the defendants residing in or out of Guam whose places of residence are unknown to the plaintiff; and thereupon the court or judge thereof shall make an order directing the said summons to be served upon the defendants residing in or out of Guam whose places of residence are known to the plaintiff, and upon the defendants residing in or out of Guam, whose places of residence are unknown to the plaintiff, and upon all the unknown defendants as stated in the complaint and summons, by publication for one (1) month on three (3) or more public bulletin boards, one (1) in Agana and two (2) in the district where the property is located. A copy of the summons and complaint, within ten (10) days after the making of said order, properly addressed and with the postage thereon fully prepaid, shall be mailed to each of the defendants who resides outside of Guam, at his place of residence, if known,

COL 6/21/2023

21 Guam Code Ann. REAL PROPERTY
CH. 25 ACTIONS CONCERNING REAL ESTATE

and also to the defendants residing outside of Guam whose places of residence are unknown to plaintiff, addressed to them in Agana. All such unknown persons so served shall have the same rights as are provided by law in cases of all other defendants named upon whom service is made by publication, or personally, and the action shall proceed against such unknown persons in the same manner as against the defendants who are named upon whom service is made by publication or personally, and with like effect; and any such unknown person who has or claims to have any right, title, estate, or lien or interest in the said property, cloud on the title thereto, adverse to plaintiff, at the time of the commencement of the action, who has been duly served as aforesaid, and any one claiming under him, shall be concluded by the judgment in such action as effectually as if the action were brought against the said person by his or her name and personal service of process was obtained, notwithstanding any such unknown person may be under legal disability. Service shall be deemed complete upon the completion of the publication.

SOURCE: CCP § 750.

2023 NOTE: Reference to “”Territory”” omitted pursuant to 1 Guam Code Ann. § 420.

2008 COMMENT: Section 407 of the Code of Civil Procedure entitled “”Summons, must contain”” and describes the required contents of a summons. Rule 4, “”Summons,”” of the Guam Rules of Civil procedure now provides such requirements. Section 407 has been replaced by GRCP Rule
4. See the notes following 7 Guam Code Ann. § 14101 and GRCP Rule 89.